Australian Government Solicitor


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Public administration and governance  

‘The very best government lawyers are in AGS.’ CLIENT SURVEY 2010

'Depth of knowledge in government practice, particularly public law.' CLIENT SURVEY 2011

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Express law 148 New Commonwealth Procurement Rules (16 April 2012)


Legal briefing 95 Parliamentary privilege (26 June 2012)


Legal briefing 85 After the election — what happens? (updated 19 August 2010)


Fact sheet 13 Tips for new Commonwealth authorities (updated May 2012)


Fact sheet 11 CAC Act authorities – authorisations and delegations (March 2011)


Fact sheet 10 Legal issues to consider for new programs (updated November 2012)


Fact sheet 8 Commonwealth legislation that may apply to Australian Government funding recipients (updated May 2012)


Fact sheet 7 Commonwealth Procurement Rules (updated May 2012)


Fact sheet 4 Financial Management and Accountability Act issues in Commonwealth property transactions (updated May 2012)


Fact sheet 2 Probity and legal process advice (updated August 2011)


Fact sheet 1 Commonwealth legislation that may apply to Australian Government contractors (updated May 2012)


'Very sound government legal knowledge. Experience in large legal projects.' CLIENT SURVEY 2011

Constitutional advice on reforms

Constitutional litigation

‘They are overall exceptionally responsive, especially when the task is high profile and time critical.’ FaHCSIA 2012

‘Their knowledge of the Commonwealth legal environment is without peer.’ AFP 2012

Public administration and governance

AGS's experts are highly-versed in the Administrative Arrangements Order (AAO) and the transition of responsibilities that occurs when the AAO is amended. We are the pre-eminent advisers to the executive government on the responsibilities of ministers to Parliament and parliamentary committees. We advise on the appointment of ministers and the establishment of Commonwealth departments under s 64 of the Constitution. We also advise on the extent of the power of the executive under the Constitution.

We routinely advise on obligations and responsibilities of agencies subject to the PGPA Act and the Commonwealth financial framework generally. For example, we advise on the obligations of a chief executive including issues associated with delegations, the requirements in relation to expenditure of money including the application of the Commonwealth Procurement Guidelines and issues associated with 'outsiders' handling public money.

We also advise Commonwealth authorities on the nature and extent of their statutory powers and functions. Examples of this assistance include advising on obligations to comply with various Commonwealth policies, and helping several CAC bodies put in place systems of delegations and authorisations consistent with their enabling legislation. We also assisted with the development of the governance policy document Governance arrangements for Australian Government bodies.

AGS advises on the delegation of power and the operation of delegations and authorisations, including: the interaction between delegations, determinations and guidelines; the scope of delegated powers; the validity of guidelines; and the application of instruments of delegation.

  Guy Aitken Leo Hardiman  
  Guy Aitken QC
Chief General Counsel
T 02 6253 7084
Leo Hardiman
Deputy General Counsel
T 02 6253 7074

  Mark Molloy Senior General Counsel 02 6253 7421
  Damian Page Senior General Counsel 02 6253 7053
  Kathryn Graham Senior General Counsel 02 6253 7167
  Dr Bridget Gilmour-Walsh Senior General Counsel 02 6253 7563
  David Lewis Senior General Counsel 02 6253 7541
  Simon Daley PSM Chief Solicitor Dispute Resolution 02 9581 7490
  Commercial contacts in relation to FMA/CAC/Reg 10 etc:
  Linda Richardson PSM Chief Counsel Commercial 02 6253 7207
  Kenneth Eagle Senior Executive Lawyer 03 9242 1290